Case Details

Citation(s)
2010 SLG 2583 = 2010 SLD 2583 = 2010 YLR 1751
Gilgit Baltistan Chief Court
C.F.A No.16 of 2009, decided on 15th December, 2009.
Presented By: Raja Jalal-ud-Din, C. J. and Sahib Khan, J
Assistant Advocate-General for Appellants Nos.1 to 3.Ali Nazar for Appellants Nos.4 and 5.

PROVINCIAL GOVERNMENT through Chief Secretary, Northern Areas, Gilgit and 4 others---Appellants

VERSUS

SAFAR KHAN and 9 others---Respondents

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXI, R.23-A, O.XXVII, R.8-A, O.XLI, Rr.5 & 6---Execution of decree---Objection to---Exemption from depositing decretal amount---Executing Judge had turned down application under O.XXVII, R. 8-A, C.P.C. filed by appellant/ judgment-debtor for exemption of depositing and furnishing security for Payment of decretal amount in the court,---Validity---Mandatory provisions of O. XXI, R.23-A, C.P.C., were applicable only in cases where objection petition had been filed against the execution of a decree---Executing Court was empowered either to order for deposit of decretal amount or for furnishing security for payment of decretal amount---Provision contained in Rr.5 & 6 of O.XLI, C.P.C. were inapplicable in the case---Application filed by the judgment-debtor under O.XXVII, R.8-A C.P.C. whereby no security would be required from the Government, had no nexus with the situation, except just to delay and linger on execution proceedings which were already delayed without any cause and reason---Executing Judge had rightly appreciated the law and fact and did not allow the application filed by the judgment-debtor for exemption. Assistant Advocate-General for Appellants Nos.1 to 3. Ali Nazar for Appellants Nos.4 and 5. Manzoor Ahmad and Muzaffarud din for Respondents Date of hearing: 15th December, 2009. JUDGMENT SAHIB KHAN, J.--- Through this appeal appellants assailed the impugned order dated 8-8-2009 passed by the learned Executing Court in a case of Execution No.14/07. 2. Briefly stated facts are that the appellants/judgment-debtors filed an objection petition on the execution of decree dated 23-5-2007 passed by august Supreme Appellate Court Gilgit Baltistan. The Executing Judge on 8-8-2009, turned down an application under Order XXVII, Rule 8-A, C.P.C. filed by the appellant for exemption, depositing and furnishing security for payment of decretal amount in the Court. 3. We heard the learned Assistant Advocate-General and perused the record. 4. The learned Assistant Advocate General referred Order XXVII, Rule 8-A C.P.C. and submitted that this provision of C.P.C. exempts the Government and his authorised officials from…
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